HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER DEFECTIVE No. - 562 of 2026 Court No. - 39 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the appellant-defendant, who has challenged the exparte order dated 30.1.2025, passed by learned Civil Judge (Junior Division), Bansgaon, Gorakhpur in Original Suit No. 135 of 2025 (Smt. Sirtaji Devi and another Vs. Rakesh Kumar Yadav and others). 2. Learned counsel for the appellant has submitted that valuation of the original suit is Rs. 300/-. He has submitted that prior to filing of original suit No. 135 of 2025, Suit No. 1684 of 2021 is already pending, hence later suit No. 135 of 2025 is not maintainable. 3. In the said Original Suit No. 135 of 2025, the appellant has filed his written statement on 11.4.2025, hence it is categorically clear by his own admission that he was having sufficient knowledge of filing of said suit on 11.4.2025. Thereafter, he had preferred a writ petition Under Article 227 No. 926 of 2026 (Rakesh Kumar Yadav Vs. Smt. Sirtaji Devi(since deceased) and 3 others) before this Court which had been disposed of on 13.3.2026. The objection against exparte injunction which was granted under Order 39 Rule 1 CPC has been already filed before the learned trial court, whereas this appeal has been filed before this Court with a delay of 345 days. The delay is wilful and deliberate as well as own knowledge, he has filed written statement on 11.4.2025 and filed the present appeal before this Court on 15.4.2026. Even after knowledge, he has filed this appeal after a year. Meanwhile, he has filed objection as well as written statement before the learned trial court. The valuation for any First Versus Counsel for Appellant(s) : Vijay Kumar Counsel for Respondent(s) : Rakesh Kumar Yadav .....Appellant(s) Smt Sirtaji Devi Since Deceased And 4 Others .....Respondent(s) Appeal From Order before this Court arose if valuation goes above to Rs. 25,000/. The present appeal has been filed with a huge delay which is wilful and deliberate. There is consistency of multiplicity of proceedings and avoiding actual remedy available to the defendant/appellant before the learned trial court. 4. In view thereof, the present appeal is liable to be dismissed for the reasons mentioned herein above and it is, accordingly, dismissed. April 20, 2026 sfa/ FAFOD No. 562 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad